SENATE BILL No. 208

February 14, 2001, Introduced by Senator JAYE and referred to the Committee on Judiciary.

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

(MCL 760.1 to 777.69) by adding section 4b to chapter IX.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 CHAPTER IX

2 SEC. 4B. IF, AT THE PRELIMINARY EXAMINATION OF A DEFENDANT

3 WHO IS CHARGED WITH A FELONY THAT IS AN ASSAULTIVE CRIME, THE

4 COURT FINDS PROBABLE CAUSE TO BELIEVE THAT THE OFFENSE CHARGED

5 WAS COMMITTED BY THE DEFENDANT AND THAT THE VICTIM OF THE OFFENSE

6 IS EITHER A MINOR 14 YEARS OF AGE OR LESS OR AN INDIVIDUAL 60

7 YEARS OF AGE OR OLDER, THE COURT SHALL NOT DO EITHER OF THE

8 FOLLOWING:

9 (A) DISMISS THE CHARGE AGAINST THE DEFENDANT ON THE MOTION

10 OF THE PROSECUTING ATTORNEY UNLESS THE DISMISSAL IS WITH

11 PREJUDICE.

01558'01 * TLG

2

1 (B) ACCEPT A PLEA OF GUILTY, GUILTY BUT MENTALLY ILL, OR

2 NOLO CONTENDERE TO ANY OTHER VIOLATION.

01558'01 * Final page. TLG